There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
Blog
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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News Release
FCC Is Third Most Expensive Agency of Federal Government
WASHINGTON, D.C., February 21, 2013 – Somewhat surprisingly, the Federal Communications Commission (FCC) is the third most expensive agency when it comes to the costs…
Blog
Setting The Stage For Regulatory Reform — Part I
Just about everything in your life is regulated by the government; from the alarm clock that wakes you up in the morning to the size…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
90 new regulations, from hot air balloons to Sea World’s fireworks shows.
Forbes
Obama’s SOTU: A Campaign Speech That Erodes The Power Of The Citizenry
Every year legislators and bureaucrats disgorge new laws and regulations which discourage job creation. Clyde Wayne Crews of the Competitive Enterprise Institute has pointed to…
Blog
CEI Podcast For February 14, 2013: Dodd-Frank’s Constitutionality
CEI General Counsel Sam Kazman discusses a lawsuit in which CEI and two co-plaintiffs argue that portions of Dodd-Frank are unconstitutional.
Blog
An Unconstitutional Gift To Labor Unions
In the aftermath of Hurricane Sandy, the New Jersey Senate has only passed one bill associated with rebuilding storm-damaged public infrastructure. Sadly, if passed, the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment